| Loại tài liệu | Tư liệu ngôn ngữ (Sách) | | Chỉ số ISBN | 0199257124 | | Mã ngôn ngữ | eng | | | KD1949.M37 .D2788S | | Tên tác giả | Deakin Simon | | Tác giả liên quan | Johnston, Angus, Markesinis, Basil | | Thông tin nhan đề | Tort law: Markesinis and deakin's / Simon Deakin, Angus Johnston, Basil Markesinis | | Xuẩt bản,phát hành | Fifth edition. - New York : Oxford University Press, 2003 | | Mô tả vật lý | 871 p. ; 24cm
| | Tóm tắt/chú giải | This detailed book covers a particularly wide range of torts and full discussion of the academic debates on all major topics, highlighting the relationship between the common law, legislation, and judicial policy. In addition, the authors provide a variety of comparative and economic perspectives on the law of tort and its likely development, always placing the subject in its socio-economic context thereby giving readers a deeper and richer understanding of tort law. Markesinis & Deakin's Tort Law is split into eight parts: setting the scene; the tort of negligence; special forms of negligence; interference with the person; land, chattels and intentional interference with economic interests; stricter forms of liability; protection of human dignity (in private law); and defenses and remedies. Each part is then split into a number of chapters. For example, the part dealing with the tort of negligence includes chapters on: establishing liability in principle: duty of care; liability for fault: breach; and liability for damage caused: causation and remoteness. The part on stricter forms of liability also includes chapters on: employer's liability; vicarious liability; and product liability. Written in an engaging way, Markesinis & Deakin's Tort Law comprehensively and thoroughly examines the law. It also makes reference, where appropriate, to the political and economic context in which tort law operates. For example, when looking at the problematic topic of pure economic loss, the economic reasons for limiting pure economic are thoroughly examined. The one reservation which I had when reviewing the fourth edition does, however, remain: for students new to tort law, Markesinis & Deakin's Tort Law can (at times) lose the reader in the sheer depth of the text. This has been resolved, in part, by the short summaries and conclusions (see, for example, the summary on economic loss on page 177). It would be helpful if this approach could be adopted throughout the text. In particularly, chapter 1 introduces the overview about the tort law, the relation between Tort and Contract, the elements of wrongdoing and the role of policy, functions of tort as well as the economic analysis of Tort law. Chapter 2 is about the general principles of negligence. The author concentrates to analysis the duty, breach, causation and damage which are the elements which together make up any successful negligence claim. Chapter 3 is about the form of negligence in some particular field: problems of medical law, liability of occupiers and builders and liability of the government, public authorities and statutory bodies in negligence. Chapter 4 is about interference with the person; in this chapter, the author focuses on the matter of intentional physical interference - Intentional physical interference with the person may occur by way of an act that threatens violence (assault), amounts to unlawful contact (battery), or constitutes the deprivation of liberty (false imprisonment). Chapter 5 is interference with property and economic interests which conclude these matters: chattels, land, nuisance, deceit and the economic torts. In chapter 6 of stricter forms of liability, the author analysis the rule in the case study Rylands v. Fletcher. The legal issue of this case is about that anyone who in the course of “non-natural” use of his land “accumulates” thereon for his own purposes anything likely to do mischief if it escapes is answerable for all direct damage thereby caused. Chapter 7 is about protection of reputation and privacy, the author gives the meaning of “defamatory” and the elements of liability in this case. The final chapter is about defendences and remedies: the role of defendences in the law of torts, contributory negligence, consent, exclusion and limitation of liability
| | Từ khóa | 1. Torts. 2. Liability. |
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